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Gitin 9

GITIN 9 & 10 - have been anonymously dedicated by a very special Marbitz Torah and student of the Daf from Ramat Beit Shemesh, Israel.

1) [line 4] KILES - praised
2) [line 7] "SEFASAYIM YISHAK, MESHIV DEVARIM NECHOCHIM." - (a) "The lips shall be kissed, of the one who answers with proper words." (RASHI); (b) "When one states proper words, those present will press their lips together (i.e. close their mouths), not having anything to add or any criticism." (TOSFOS) (Mishlei 24:26)

3) [line 9] SHECHIV ME'RA
A Shechiv Me'ra is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (such as Hagbahah, or Chazakah), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Me'ra may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

4) [line 14] LAV KEROS GITA HU - it is not a proper severance that a Get is supposed to effect

A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release. If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)

6) [line 25] CHERESH - a deaf mute

7) [line 27] SHOTEH - (lit. a fool) a person who is mad or deranged (a) A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos and is not punished for his transgressions. His purchases and sales are meaningless and are not binding.

8) [line 27] PIKE'ACH - a person with full faculties; the opposite of a Cheresh
9) [line 33] ED KUSI - a witness who is a Nochri


10) [line 1] ERKA'OS - the secular courts (of Nochrim)
11) [line 9] NEYAR CHALAK - blank paper
12) [line 10] DEYO - ink
13) [line 25] LO GAMAR L'HAKNOSO ELA BI'SHETAR - he did not have intention to transfer it [to the recipient] except through the means of a Shtar (bill of transfer of property)

14) [line 29] MECHUBAR
It is forbidden to write a Get for a woman or a bill of release for a slave on something which is attached to ground (see Mishnah, Gitin 21b). This is learned from the verse that states that after writing the Get, the husband must give it to his wife ("v'Kasav...v'Nasan" -- Devarim 24:1). A Get that has to be detached from the ground before being give to the wife is invalid. A bill of release is learned from a Get by the Gezeirah Shavah of "Lah" "Lah" (comparing the words "Lah" in the verses Devarim ibid. and Vayikra 19:20).

15) [line 32] EDEI MESIRAH KARSEI - the witnesses who watch the Shtar being given are the main part of the Shtar, i.e. the ones who make the Shtar take effect (this is in contrast to the opinion which holds that Edei *Chasimah* Karsei, meaning the witnesses who sign the Shtar are the main part of the Shtar and are the ones who make the Shtar take effect)

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